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Dutch Ministry of Finance Submits Draft Decree to Close Double Non-Taxation Loophole for Companies in the BES Islands

18 September 2018

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Treaty Development

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Netherlands-BES Island

On 10 September 2018, the Dutch Ministry of Finance announced a draft decree submitted to parliament to amend the tax regulation on the avoidance of double taxation between the European part of the Netherlands and the BES Islands (Belastingregeling voor het land Nederland - BRN) in order to close a current loophole that allows companies established in the BES Islands to achieve double non-taxation in certain cases. Currently, a company established in the BES Islands is generally deemed tax resident in the Netherlands and subject to Dutch tax law. However, if a company undertakes sufficient economic real activities in the...